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Legal Eagle
Legal Eagle, Lawyer
Category: Criminal Law
Satisfied Customers: 5163
Experience:  Licensed to practice before state and federal court
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I wanted to know can you have a bench warrant if you haven't

Customer Question

I wanted to know can you have a bench warrant if you haven't been served
JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?
Customer: Mississippi. Just found out he had a warrant this past Wednesday when we were pulled over
JA: Have you talked to a lawyer yet?
Customer: No ma'am. Can really afford one
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'm sorry I meant I can't afford one
Submitted: 2 months ago.
Category: Criminal Law
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. The answer to your question is yes, you can be arrested without having the warrant actually served. The reason is because the bench warrant is only going to be issued if the suspect fail to comply with some previous court order like a court appearance for example. Therefore, the police can treat it like any other arrest warrant where they will not notify the suspect ahead of time. They will simply just execute the warrant as they normally would. I'm sorry to hear about your situation.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

Customer: replied 2 months ago.
Why would the warrant come up now when he was pulled over in December of 2016? And he didn't have a warrant then. Could it somehow be a misunderstanding?
Expert:  Legal Eagle replied 2 months ago.

It is entirely possible that it could be a misunderstanding. Police Departments and courts get these things wrong all of the time. It is very possible that they have somebody who has a similar description and perhaps a similar name. It is also possible that the address that he is living at is the same as the person that they are looking for. For example, he could be living in the place where the suspect that they are looking for live previously.Plus, it is possible that the warrant was just issued sometime between December 2016 and now. Did you have any other questions for me?